Legal Question in Wills and Trusts in Pennsylvania

I need to appoint a co-trustee to a revocable trust that was set up in Florida, can I do this in Pennsylvania or must it be done in the State that the trust was set up?


Asked on 8/04/16, 7:26 am

1 Answer from Attorneys

The trust will provide that it is governed by the law of a certain state where it was created. If that is Florida and the law governing trust administration has not been changed to PA then you need to speak to a FL trust attorney.

Also, why are you appointing a co-trustee? That is bad news and a recipe for trouble. There should not be a co-trustee unless its a spouse. There should be a successor trustee. However, is this your trust? If it is not, then you can't be appointing anyone trustee of anything unless the trust gives you that power. Another question - if the trust was set up in FL and you are in PA, why hasn't the trust been amended? If you are the trustee and now are in PA, then you might want to amend the trust.

I suggest that if this is YOUR trust that you take it to a PA trust/will attorney in your area and see what is best to do. If this is in FL and you want it to stay in FL for whatever reason, then you need to see the attorney who drafted this or another trust/will attorney in FL.

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Answered on 8/07/16, 8:10 pm


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